Many domestic violence survivors have animals about whom they care deeply. Pets1 can serve as a consistent source of companionship during the isolation domestic violence often forces. They may not only be friends to, but protectors of, their caregivers, attempting to defend their caregivers from abuse or keeping their caregivers warm if an abuser forces them to sleep outside. For these reasons and more, pets – like anything else a victim holds dear – can serve as a means of psychological terror for abusers.
Researchers have long recognized the significant connection between interpersonal violence, including domestic violence, and animal cruelty, terming this association “the Link.”2 Domestic violence and animal abuse can merge: an abuser may harm or threaten to harm a pet as a means of causing a victim psychological distress, controlling the victim, or making the victim fear for their own or their children’s safety. In this way, animal abuse can serve as a tool of coercive control.
Fear that an abuser will harm a pet left behind, as well the basic desire not to be separated from a beloved animal, can interfere with the ability of a survivor to leave an abusive situation. A 2021 survey conducted by the National Domestic Violence Hotline and Urban Resource Institute found that half of Hotline callers said they would not consider entering shelter if they could not bring their pets with them.3 It is important that attorneys who work with domestic violence survivors not only recognize the important place pets may occupy in the lives of their clients but also be prepared to address pet-related issues that appear in their cases. This Five-for-Five provides ways attorneys can support their domestic violence clients for whom pets constitute a priority.
Ask about pets when discussing client goals and safety planning.
Incorporating questions about pets into your intake routine can help you understand your client’s priorities and allow you to assist your client in developing a safety plan that addresses pet-related concerns. While your client is the expert on their own safety, safety planning is an immense task riddled with logistical concerns, and engaging in the process with their lawyers can help some clients shake out different considerations. Possible elements of a safety plan involving a pet include, but are not limited to:
- Gathering the pet’s veterinary documents. If your client plans to go to a pet-friendly domestic violence shelter (discussed more below), the shelter may require proof of vaccination against rabies and possibly other diseases. Veterinary documents that name your client as the pet's owner can also prove useful if the abuser tries to claim ownership of the animal.
- Updating and protecting microchip information. Pets are particularly prone to getting lost when their owners are moving; for many domestic violence survivors, escaping abuse involves moving out of their homes. If your client’s pet has a microchip and your client has possession of the pet, your client should ensure their abuser’s information is not connected to the microchip. However, they may want to refrain from updating the microchip with any new personal information until they have ascertained that their abuser does not have access to the microchip account.
- Switching veterinarians. If the pet has an established veterinarian with which the abuser is familiar, switching veterinarians could help your client avoid the abuser.
- Discussing privacy concerns with any established veterinarians. Whether or not your client chooses to switch veterinary offices, they may want to consider communicating their situation to their established veterinarian if doing so is safe, in case their abuser contacts the vet’s office in search of information about your client (such as whether the office has transferred documents to another office, what contact information they have on file for your client, etc.). You should research your jurisdiction’s privilege and confidentiality laws regarding veterinarian-client communications and counsel your client on these laws if they are considering confiding in their veterinarian.
- Arranging for a pet to stay with a trusted person. If your client is going to a shelter that does not allow pets – or if they are going to a shelter that allows pets but are concerned about how the pet will adjust to shelter – arranging for the pet to stay with a trusted friend or family member during that transitional period could alleviate stress for your client and open up housing options.
- Reducing the pet’s visibility. To the extent they are able, a client may want to consider having their pet spend more time inside during the period immediately after they leave their abuser. If your client has moved, a familiar dog in a yard could alert the abuser to where your client is living. If your client has not moved, an abuser may opportunistically steal, set loose, or harm a pet left outside.
Asking about pets can also signal to your client that you acknowledge pets as a valid priority and are willing to help with pet-related concerns. Legal services clients are often all-too-aware of the power imbalance in the attorney-client relationship and may worry that mentioning a pet will cause their attorney to perceive them as demanding. A client also may not think there is a reason to raise a pet problem to a lawyer, as they may not realize the lawyer or the law could address the problem. Finally, in the flurry of high-priority topics, such as children and housing, that consume a typical domestic violence intake, a client may not have the household cat on their mind – even if the cat does constitute a priority for them. Asking about pets relieves your client of the burden of having to bring the topic to your attention.
If your client does own animals, you should not assume that they wish to prioritize these animals in the context of your representation. Similarly, a client who prioritizes an animal at the beginning of the representation may decide that going to court over a dog is ultimately not feasible – and vice versa. As with any type of client counseling, you should give your client the information they need to understand their options, take time to learn about their goals, and check in with them throughout the representation to ensure your understanding of their priorities remains current.
Know your state’s civil protection order (CPO) provisions regarding pets.
Many states provide for inclusion of pets in CPOs4 – they may allow a court to assign possession of a pet in a CPO proceeding, order an abuser to stay away from a pet, and/or order an abuser to not commit crimes against a pet.
Some states recognize abuse of a victim’s pet as a basis for issuing a CPO, acknowledging that abuse of an animal also constitutes abuse of that animal’s caregiver. Importantly, the fact that a state allows for inclusion of pets in CPOs does not mean animal abuse constitutes a basis for the issuance of a CPO in that state, and vice versa.
Do courts consider abuse against a petitioner’s pet(s) when determining whether to issue CPOs?
Some states, along with the District of Columbia, explicitly authorize courts to consider abuse committed against an animal for which the petitioner is a caregiver when deciding whether to grant a CPO petition.5 Even if a state does not explicitly allow a court to consider animal abuse in CPO cases, animal abuse may fall within the scope of a factor the court may consider.
For example:
- California allows courts to issue protection orders when “abuse” towards a person who satisfies the state’s statutory requirements has occurred6; its definition of “abuse” encompasses “conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party.”7 A client’s intimate partner harming their pet could readily be argued to destroy the client’s mental or emotional calm.
- Wisconsin allows a judge to issue a domestic violence injunction upon finding “reasonable grounds to believe that the respondent has engaged in, or based upon prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner.”8 Its definition of “domestic abuse” encompasses damage to the petitioner’s property, referring to the “damage to property” provision of its criminal code,9 as well as threats to damage the petitioner's property.10 Its “damage to property” statute states, “Whoever intentionally causes damage to any physical property of another without the person's consent is guilty of a Class A misdemeanor.”11 Based on this statutory text, a lawyer could argue damage to an animal to constitute property damage and therefore domestic abuse.
Does your state provide for inclusion of pets in CPOs?
Most states, as well as D.C. and Puerto Rico, explicitly allow for the inclusion of pets in protection orders.12 Even if a state does not explicitly include pets in protection orders, judges may still be able to include pets in CPOs. For example, some states allow judges discretion to order relief necessary for the petitioner’s protection even if the contemplated relief is not enumerated in the statute,13 and some states provide for protection or possession of property generally in CPOs.14
As with the question of whether abuse of an animal provides a basis for a CPO, lawyers should look to judicial behavior in their jurisdictions to get an idea of whether judges actually read less-explicit protection order statutes to encompass pets.
If you live in a state that explicitly includes pets in its CPO provisions, does its definition of “pets” or “animals” encompass the animal(s) your client wishes to protect?
Some states that include pets in their CPO provisions exclude certain animals from the category of "pets." For example, Alaska’s CPO statute defines “pet” as “a vertebrate living creature maintained for companionship or pleasure,” but excludes “dogs primarily owned for participation in a generally accepted mushing or pulling contest or practice or animals primarily owned for participation in rodeos or stock contests” from this definition.15 Wisconsin’s CPO statute defines a “household pet” as “a domestic animal that is not a farm animal, as defined in s. 951.01(3), that is kept, owned, or cared for by the petitioner or by a family member or a household member of the petitioner,”16 and it defines a “farm animal” as “any warm-blooded animal normally raised on farms in the United States and used or intended for use as food or fiber.”17 A lawyer may need to be prepared to argue to a court that their state statute should be read to encompass the pet their client wishes to protect.
Research pet-friendly domestic violence shelters and other sheltering options in your area.
Knowing whether and under what circumstances your closest domestic violence shelters and transitional housing programs allow clients to keep pets on site can help you help your client safety plan. If no domestic violence shelters near you allow pets in shelter, you can investigate what provisions they do have for animals – do they partner with local boarding facilities, veterinary offices, rescues, or animal shelters to foster or board animals of survivors at a low cost or for free? Is there a separate nonprofit – local or national – that could provide or subsidize boarding or fostering for your client’s pet?
If you do not find any preexisting no- or low-cost boarding arrangements, you can, with your client’s permission, make calls yourself to local veterinary offices and boarding facilities to see what kind of arrangements they might be willing to make for someone in your client’s situation. Sometimes, people are more willing to stay on the phone and listen to attorneys than they are to do the same for a person experiencing crisis; making calls for your client can help alleviate their burden and may increase their chances of finding a boarding arrangement that works for them. You should also help ensure the potential boarding facility understands the importance of confidentiality in your client’s case – particularly if that boarding facility has not boarded pets for someone in your client’s situation before. You should talk through with your client the risks a particular boarding arrangement might pose for them.
Learn about free or low-cost veterinary care in your area.
Depending on your client’s financial situation and the nature of the abuse they have experienced, they may not have taken their animal to the veterinarian in a while. If their abuser has harmed their animal, their animal may be in urgent need of veterinary care. If they plan to bring their pet to a domestic violence shelter, they may need to obtain vaccination(s) for their pet. As with pet boarding for clients who go into shelter, you can – with client consent – look into whether there are preexisting low- or no-cost veterinary options in your area and, if not, whether a veterinarian might be willing to donate care. In a case in which an abuser has harmed an animal directly, a veterinarian might be particularly inclined to donate care.
Know your state’s veterinary reporting laws.
Many states require veterinarians to report known or suspected animal abuse to law enforcement; the content of these reporting laws varies. The Alabama State Board of Veterinary Examiners’ Rules of Professional Conduct provide that, “A veterinarian is obligated to report to the proper authorities any grossly inhumane treatment to animals of which he or she has direct knowledge.”18 California mandates that whenever any licensed veterinarian “has reasonable cause to believe an animal under its care has been a victim of animal abuse or cruelty, as prescribed in Section 597 of the Penal Code, it shall be the duty of the licensee to promptly report it to the appropriate law enforcement authorities of the county, city, or city and county in which it occurred.”19 Other states explicitly permit, but do not require, veterinarians to report animal abuse.20 Some states have no laws directly on point.
There are many reasons why a domestic violence client may not report their abuser, nor want their abuser reported, for harming an animal. They may fear they themselves will be criminalized if the abuse is reported; they may fear their abuser will become more motivated to harm them or their children, regardless of whether or not the client themselves reported the abuse; they may not want their abuser to have contact with law enforcement. You should know your state’s laws regarding mandatory reporting by veterinarians and be prepared to counsel clients who may be affected by these laws.
Additional Resources
- For help accessing resources and safety planning, people experiencing domestic violence can contact the National Domestic Violence Hotline by calling 800.799.SAFE (7233), texting "START" to 88788, or visiting the Hotline website, where you will have the option of chatting with an advocate: www.thehotline.org/.
- The Safe Havens for Pets mapping project manages a database of pet-friendly domestic violence shelters: www.safehavensforpets.org/
RedRover is a national animal welfare nonprofit that provides pet boarding grants to domestic violence survivors staying in shelters that do not accept pets and helps domestic violence shelters become pet-friendly via grants, guidance, and volunteer labor:
https://redrover.org/domestic-violence-and-pets/- Sheltering Animals of Abuse Victims is a nonprofit that provides temporary, confidential refuge for pets and other pet assistance for victims of domestic violence in Dane County, Wisconsin: www.saavprogram.org.